Rent control in Saint-Denis: rules for landlords

For tenancy agreements signed or renewed from 1 June 2021 to 24 November 2026 (the end date of the trial period provided for by Article 140 of the ELAN Law), rent controls in Saint-Denis limit the setting of rents for the properties concerned by means of reference rents. For a tenancy agreement signed after this date, the rules then applicable should be checked. These controls are added to the rules governing rent changes, particularly when a tenant changes or the tenancy agreement is renewed.

For a landlord, the key is to distinguish between these two questions: what level of rent is authorised for the property, and to what extent may the previous rent change ?

Two mechanisms to distinguish

According to Service-Public.fr, rent regulation covers two distinct mechanisms. In most communes in areas where housing is in demand, rules limit rent increases, particularly when a new tenant moves in or when the contract is renewed.

In some of these towns, a rent-level control also applies. The amount is then determined using reduced and increased reference rents. Saint-Denis belongs to this category, as do the other municipalities in the Plaine Commune area cited by the administration. For Plaine Commune, this scheme applies to tenancies signed or renewed from 1 June 2021 to 24 November 2026.

The distinction is important for a landlord: a possible increase provided for by the rent-change rules does not remove the need to take account of the cap applicable to the property. Conversely, the mere existence of a reference rent does not mean that the previous rent can be freely increased up to that amount.

Which properties are affected?

The controls apply to properties that constitute the tenant's main residence, as well as properties let under a mobility lease. To find out whether your let falls within this scope, you must therefore examine the intended use stated in the tenancy agreement and the type of contract.

Other rules apply to properties subject to the 1948 Act, properties covered by an Anah agreement, social housing, holiday lets and sublets. The information relating to a main residence or a mobility lease must not be applied to them without verification.

The property's classification matters even before examining the amount requested. An owner whose property falls under a specific regime can contact ADIL to understand the rules corresponding to their situation.

How can you check the applicable cap?

In Saint-Denis, reference rents are used to regulate rent levels. When preparing a lease, the landlord must look up the references applicable to the property and distinguish them from the proposed rent. The rules specific to the circumstances should also be checked: first letting, change of tenant or renewal.

The lower reference rent and the higher reference rent do not serve the same purpose. The owner must therefore not confuse them when examining the rent amount or a possible change. The amount to use depends on the property: an identical numerical cap for all properties in Saint-Denis cannot be inferred from the name of the municipality alone.

The official information sheet on rent control allows you to select the municipality where the property is located and view the information corresponding to the situation. Before setting an amount, check the references and applicable arrangements in Saint-Denis on the date of the tenancy agreement.

The year-round property management of properties let under a residential tenancy agreement is provided by PCG Gestion, a sister company of Saint-Denis Immobilier.

First letting and review during the tenancy

For a first letting, the rules governing rent changes allow the owner to set the rent freely. In Saint-Denis, however, this freedom must be distinguished from the rent-level cap applicable in the municipality: the landlord must also check the property's reference data.

During the tenancy, the rent may be reviewed once a year if a clause in the contract provides for it. The existence of this clause is therefore something to check before considering a review.

The energy rating may prevent this change. In mainland France, a rent review is prohibited for a property rated F or G in the energy performance diagnosis if the contract was signed, renewed or tacitly renewed from 24 August 2022. The owner must check the property's rating and the status of the tenancy agreement before changing the rent.

Change of tenant and renewal

When a property is re-let after being vacant for less than 18 months, the tenancy agreement must state the last rent charged and an increase is only possible in certain cases. After 18 months or more of vacancy, the rent is freely set within the framework of rent changes, except for a property rated F or G (lease signed from 24 August 2022 in mainland France), for which the rent cannot exceed the last rent. In both cases, the basic rent must not exceed the higher reference rent. The date on which the tenancy agreement was signed also matters.

For a re-letting after being vacant for less than 18 months, the rent-change rules provide for possible increases linked in particular to the absence of a recent review, certain works or a rent that is clearly undervalued. Each is subject to precise conditions: the owner cannot infer from the mere completion of works or the tenant's departure that an increase is permitted.

For example, assessing a rent that is clearly undervalued may be based on the rents usually observed for comparable properties in the same geographical area. The increase remains subject to the limits and conditions applicable to the tenancy agreement, as well as to the rent-level cap in Saint-Denis.

When the tenancy agreement is renewed, the landlord may only initiate a rent reassessment if the base rent is below the reduced reference rent. The new rent must not exceed this reduced rent; the proposed increase is capped and must be notified to the tenant, and it is prohibited for a property rated F or G (since 22 August 2024). The tenant may, for their part, request a reduction if the base rent exceeds the increased reference rent. A mobility lease, however, cannot be renewed. To determine what action to take, it is useful to keep records relating to the previous rent, revisions and any works.

Additional rent and penalties: what checks are required?

A rent supplement must not be confused with an ordinary increase in the basic rent. It is only possible if the property has particular location or comfort features and if the basic rent is equal to the upper reference rent. Its amount and the features justifying it must be stated in the lease. For a lease signed since 18 August 2022, it is prohibited if the property has certain characteristics (an F or G energy rating, toilet facilities on the landing, signs of damp on certain walls, etc.). The tenant may challenge it before the departmental conciliation commission within 3 months of signing the lease.

Likewise, the landlord must check the required wording in the property advertisement and the tenancy agreement when rent levels are controlled. The administration’s page provides access to information by municipality.

Failure to comply with rent-level controls may result in a fine of up to €5,000 for an individual owner and €15,000 for a legal entity. A challenge to the rent increase may also lead to action by the tenant.

Frequently asked questions